Alito says Supreme Court can't stem emergency appeals and criticizes Trump rhetoric
In short
Supreme Court Justice Samuel Alito told The Associated Press that the rising volume of emergency appeals before the court is not a good thing, but said there is little the court can do to change the trajectory. He said rhetoric about the court from President Donald Trump and his administration does not sit well with him. The interview came with the Tuesday release of Alito's first book, “So Ordered: An Originalist's View of The Constitution, The Court and Our Country.”
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Supreme Court Justice Samuel Alito said the escalating volume of emergency appeals before the court is not a good thing, but added there is little the court can do to change the trajectory, in a rare interview with The Associated Press. The interview was conducted in connection with the release of his first book. [ 1 , 2 , 4 , 5 ]
The number of petitions asking the justices to intervene quickly has skyrocketed during President Donald Trump's second administration, putting the court at the center of hotly debated issues such as the president's new ballroom construction and his proposed restrictions on mail ballots in the midterm elections, according to the reports. Alito wrote in the book that the number of emergency applications now rivals the annual tally of cases the justices consider with full briefing and oral arguments. [ 1 , 2 , 4 , 5 ]
Alito told the AP that the rhetoric about the court from Trump and his administration does not sit well with him. “I personally am not pleased with that,” he said. “Everybody in this country has the right to criticize what we do. The substance of their criticism can be quite harsh. If we deserve it, then that's fine. But rhetoric is a different story.” [ 1 , 2 , 4 , 5 ]
The book, “So Ordered: An Originalist's View of The Constitution, The Court and Our Country,” was released Tuesday. It is a collection of speeches the 76-year-old justice has given over the years on religious liberty, his judicial philosophy and constitutional rights, and it comes 20 years after he was confirmed to the court after his nomination by President George W. Bush, a Republican. [ 1 , 2 , 4 , 5 ]
Alito is perhaps best known for writing the decision that reversed Roe v. Wade and ended abortion as a nationwide right, and he has been one of the most consistent members of the court's conservative bloc, the reports said. He has also voted in favor of some of Trump's signature policies, even those the rest of the conservative wing struck down, but he rejects the idea that his decisions are in the “Make America Great Again” camp. “It's offensive,” he said. “I honestly try to decide every single case on th…” [ 2 , 4 , 5 ]
Why it matters
The comments come from a sitting justice as the court's emergency docket has grown during Trump's second administration, with the documents citing his proposed mail-ballot restrictions in the midterm elections among the issues involved. Alito's public criticism of the administration's rhetoric marks friction between a conservative justice and a president whose policies he has sometimes backed. The documents offer no further consequences beyond the interview and the book release.
Key facts
- Alito said the escalating volume of emergency appeals before the Supreme Court is not a good thing and that there is little the court can do to change the trajectory. [ 1 , 2 , 4 , 5 ]
- The number of petitions asking the justices to intervene quickly has skyrocketed during Trump's second administration, the documents say. [ 1 , 2 , 4 , 5 ]
- Alito wrote in his new book that emergency applications now rival the annual tally of cases the justices consider with full briefing and oral arguments. [ 1 , 2 , 4 , 5 ]
- Alito said the rhetoric about the court from Trump and his administration does not sit well with him: “I personally am not pleased with that.” [ 1 , 2 , 4 , 5 ]
- Alito's first book, “So Ordered: An Originalist's View of The Constitution, The Court and Our Country,” was released Tuesday. [ 1 , 2 , 4 , 5 ]
- The book is a collection of speeches the 76-year-old justice has given on religious liberty, his judicial philosophy and constitutional rights. [ 1 , 2 , 4 , 5 ]
- Alito rejects the idea that his decisions are in the “Make America Great Again” camp, calling it “offensive.” [ 2 , 4 , 5 ]
Confirmed by several sources
- Alito gave a rare interview to The Associated Press in which he discussed the court's emergency appeals and rhetoric about the court from Trump and his administration. [ 1 , 2 , 4 , 5 ]
- Alito said the rising number of emergency appeals is not a good thing and that the court can do little to change the trajectory. [ 1 , 2 , 4 , 5 ]
- Alito wrote that emergency applications now rival the annual tally of cases considered with full briefing and oral arguments. [ 1 , 2 , 4 , 5 ]
- Alito's first book, “So Ordered: An Originalist's View of The Constitution, The Court and Our Country,” was released Tuesday. [ 1 , 2 , 4 , 5 ]
Still unclear
- Which specific remarks by Trump or his administration Alito was objecting to. The documents say Alito was displeased with the rhetoric but do not quote or identify the remarks.
- Whether the court will take any steps on the emergency docket. Alito says there is little the court can do to change the trajectory, and no document reports any planned action.
What local media are saying
Timeline, local time
- The Associated Press publishes its report on the Alito interview and the emergency docket. [ 1 ]
- The Seattle Times carries the AP report. [ 2 ]
- AP publishes a Spanish-language version headlined “Alito dice que la Corte Suprema no puede frenar apelaciones de emergencia, critica retórica de Trump.” [ 3 ]
- PBS NewsHour carries the AP report. [ 4 ]
- The Boston Globe carries the AP report. [ 5 ]